14 Jan 2021

SUICIDE IS A CRIME?

We went through 2020 with full of uncertainties which put many under immense distress.

This leads to spike of suicide cases due to financial constraints, movement restrictions, loneliness, helplessness, drastic change in their plans and some could also be dealing with domestic violence. 

WHO estimated by the year of 2020, approximately 1.53 million people and that is nearly 3% of all world deaths would be due to suicide, and 10–20 times more people would attempt suicide worldwide. This shows on average one death every 20 seconds and one attempt every 1-2 seconds. [1]

It was also reported that 266 people committed suicide in Malaysia during the movement restrictions from Mar 18 to Oct 30 placed to curb Covid-19. [2

Malaysia is under another movement restrictions starting from 13th January 2021 and this will just put many more under distress. Some might be losing jobs, some might have a hard time finding one since last year and students are socially deprived from their friends, learning and sitting in front of their laptops or computers or some couldn't even have access to it at all. Not to mention, those who might succumbed to physical abuses or psychological abuses in their households. It's important to address the issue of mental illness but it's also important to decriminalize suicide. 


ATTEMPTING TO COMMIT SUICIDE IS A CRIME IN MALAYSIA



In Malaysia, attempting to commit suicide is a crime under Section 309 of Penal Code. This provision provides that whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished with imprisonment for a term that may extend to one year or with fine, or both.

It means that those who attempts to commit suicide and fail to do so can be charged under this provision. 

Our Penal Code is in pari materia with the Indian Penal Code. It was promulgated based on the British Common Law which repealed suicide attempt as a criminal offence in 1961 and has long since treated it as a health problem requiring professional psychological and/or psychiatric attention instead. 

However, Mental Healthcare Act 2017 was legislated in India where Section 115 of the Act provides that "Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code." Under that same provision, it emphasizes that "the Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide."

The president of Mental Illness Awareness and Support Association (MIASA) in Malaysia, Ms. Anita Abu Bakar had also voiced out that the law on suicide should be amended to differentiate between a criminal act or a cry for help. 

The question is why Malaysia still follows this archaic position when Britain itself has decriminalised attempted suicide and India has legislated Mental Healthcare Act to exclude those who are proven to have severe stress to be punished under the said provision?


  • Religious Belief 


In 13th Century, English Law perceived suicide as an immoral act and it's an offence against God and the King. If proven, they were denied a Christian burial and they would be carried to a crossroads in the dead of night and dumped in a pit, a wooden stake hammered through the body pinning it in place. No prayers were offered. No mourners. Not just that, their family members would also be punished for the suicide where they were stripped of their belongings and they were handed to the Crown. [3]

In Malaysia, religion plays an important role in shaping the society. One of the religion is Islam and the view suicide and attempted suicide as sinful is deeply entrenched. Not just Islam, under Hinduism, it is also believed that death by suicide does not lead to the achievement of salvation (moksha). [4]

  • Deterrent

Suicide law is claimed to deter those who attempted to commit suicide from doing it again. However, The World Health Organisation (WHO) clearly highlighted this over and over that rather than deterring people from attempting suicide, criminalisation only deters them from seeking treatment and increasing the risk of suicide rather than reducing it. [5]

The current pandemic has brought a big impact and drastic changes to our lives and not to forget the burden on some people. Instead of treating suicide as a crime, it should be treated as a tragedy. A tragedy that we fail to curb. A tragedy that we fail to address or help. 





It's important to talk to someone. Don't keep it to yourself. I would suggest you to talk to someone who you can trust.

If you're uncomfortable to talk to someone you know, here are just two out of many more mental health services in Malaysia that may be able to make you feel better during this tough period.

Befrienders : WEBSITE


They are available 24 hours everyday for emotional support. 

Call their hotline at : 03-7956 8145

or

Email them at : sam@befrienders.org.my



MALAYSIAN MENTAL HEALTH ASSOCIATION (MMHA) : WEBSITE


They provide support via their phone line on any mental health issues. MMHA also consists of qualified mental health professionals ie. clinical psychologist, and counselors providing psychological support services.

Office hours: Mon - Sat (9 am – 5 pm)

Call their hotline at : 03-2780 6803

or

Email them at : 03-2780 6803




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